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(영문) 서울남부지방법원 2019.07.04 2019고합178
일반물건방화
Text

A defendant shall be punished by imprisonment for six months.

Seized one (No. 1) shall be confiscated.

Reasons

Punishment of the crime

Based on facts acknowledged by the pleadings and records of this case, the facts charged were partially revised to the extent that the defendant's right of defense is not infringed.

[criminal power] On June 23, 2017, the Defendant was sentenced to one year and two months for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) in the Gyeyang District Court, and the execution of the sentence was terminated on May 19, 2018. On February 20, 2019, the Seoul Southern District Court sentenced the Defendant to six months of imprisonment for an injury, and the judgment became final and conclusive on May 25, 2019.

【Criminal Facts】

On February 13, 2019, at around 22:35, the Defendant: (a) destroyed three banners by attaching a fire to the banner managed by the victim D, who was suffering from the advertisement display stand using a disposable gas bags; and (b) caused danger to the public, such as that the fire spread far away from the turf inside the display stand.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Records of police seizure and list of seizure;

1. Written estimate;

1. On-site photographs, seized photographs, suspect photographs, on-siteCCTV images and CCTV CDs;

1. Previous records of judgment: Application of criminal records, etc. inquiry report, personal confinement status, results of search of Supreme Court Na case, indictment and duplicate of judgment, one copy of case summary information inquiry meeting, one copy of Seoul Southern District Court Decision 18No6034 and one copy of Seoul Southern District Court Decision 19No521 shall be applicable;

1. Article 167 (1) of the Criminal Act applicable to the crime;

1. Article 35 of the Criminal Act among repeated crimes [Article 35 of the Act on the Aggravated Punishment, etc. of Specific Crimes];

1. The latter part of Article 37 and the first part of Article 39 (1) of the Criminal Act (the crimes of the above Article and the injury for which judgment has become final and conclusive) of the

1. The latter part of Article 39 (1) of the Criminal Act and Article 55 (1) 3 of the Criminal Act to legally mitigated for dealing with concurrent crimes;

1. Confiscation Article 48 of the Criminal Act

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